The Principle of Proportionality in Union Law - a legal safeguard of federalism
(2012) In EUI Working Paper 2012/6(2012/6). p.65-87- Abstract
- The subject matter of this paper is to unravel the ‘federal’ nature of proportionality in Union law. Does the principle of proportionality work as a safeguard of federalism or is it merely a legal tool for the Court to further market integration beyond the limits of the Treaty? If federalism refers to how powers are balanced and allocated between the central government and its constituent parts, i.e. the Union and its Member States, the simple answer to this question is that the principle of proportionality imposes limits on the regulatory freedom of the Member States in forming their national policies. In order to provide a more comprehensive response to this question this paper closely reviews the case-law of the CJEU and analyses how... (More)
- The subject matter of this paper is to unravel the ‘federal’ nature of proportionality in Union law. Does the principle of proportionality work as a safeguard of federalism or is it merely a legal tool for the Court to further market integration beyond the limits of the Treaty? If federalism refers to how powers are balanced and allocated between the central government and its constituent parts, i.e. the Union and its Member States, the simple answer to this question is that the principle of proportionality imposes limits on the regulatory freedom of the Member States in forming their national policies. In order to provide a more comprehensive response to this question this paper closely reviews the case-law of the CJEU and analyses how different standards of proportionality review may influence the allocation of power between the Member States and the Union. (Less)
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https://lup.lub.lu.se/record/5496567e-aeb1-4928-81a8-c3afaf5d6aa2
- author
- Öberg, Jacob LU
- organization
- publishing date
- 2012-05-29
- type
- Working paper/Preprint
- publication status
- published
- subject
- in
- EUI Working Paper
- volume
- 2012/6
- issue
- 2012/6
- pages
- 23 pages
- publisher
- Florence: European University Institute.
- ISBN
- 1725-6739
- language
- English
- LU publication?
- yes
- additional info
- In Azoulai, Millet, Boucon (ed.), Deconstructing EU Federalism through Competences
- id
- 5496567e-aeb1-4928-81a8-c3afaf5d6aa2
- date added to LUP
- 2018-09-05 12:07:04
- date last changed
- 2022-02-24 09:56:41
@misc{5496567e-aeb1-4928-81a8-c3afaf5d6aa2, abstract = {{The subject matter of this paper is to unravel the ‘federal’ nature of proportionality in Union law. Does the principle of proportionality work as a safeguard of federalism or is it merely a legal tool for the Court to further market integration beyond the limits of the Treaty? If federalism refers to how powers are balanced and allocated between the central government and its constituent parts, i.e. the Union and its Member States, the simple answer to this question is that the principle of proportionality imposes limits on the regulatory freedom of the Member States in forming their national policies. In order to provide a more comprehensive response to this question this paper closely reviews the case-law of the CJEU and analyses how different standards of proportionality review may influence the allocation of power between the Member States and the Union.}}, author = {{Öberg, Jacob}}, isbn = {{1725-6739}}, language = {{eng}}, month = {{05}}, note = {{Working Paper}}, number = {{2012/6}}, pages = {{65--87}}, publisher = {{Florence: European University Institute.}}, series = {{EUI Working Paper}}, title = {{The Principle of Proportionality in Union Law - a legal safeguard of federalism}}, volume = {{2012/6}}, year = {{2012}}, }